Author Topic: So I found this pertaining to NY Arbitration law  (Read 1623 times)

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Had Enough

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So I found this pertaining to NY Arbitration law
« on: November 13, 2010 05:58:27 PM »
As the title says I found this pertaining to New York Arbitration Law

Does this help or hurt?

Can I use any of it in my motions?





The New York Arbitration Law-Article 75, Civil Practice Law and Rules

7501.  Effect of arbitration agreement

A written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. In determining any matter arising under this article, the court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute.

 
7502. Applications to the court; venue; statutes of limitation; provisional remedies
b)      Limitation of time. If, at the time that a demand for arbitration was made or a notice of intention to arbitrate was served, the claim sought to be arbitrated would have been barred by limitation of time had it been asserted in a court of the state, a party may assert the limitation as a bar to the arbitration on an application to the court as provided in section 7503 or subdivision (b) of section 7511.  The failure to assert such bar by such application shall not preclude its assertion before the arbitrators, who may, in their sole discretion, apply or not apply the bar. Except as provided in subdivision (b) of section 7511, such exercise of discretion by the arbitrators shall not be subject to review by a court on an application to confirm, vacate or modify the award.

 
7503.  Application to compel or stay arbitration; stay of action; notice of intention to arbitrate
a)      Application to compel arbitration; stay of action. A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. Where there is no substantial question whether a valid agreement was made or complied with, and the claim sought to be arbitrated is not barred by limitation under subdivision (b) of  section 7502, the court shall direct the parties to arbitrate. Where any such question is raised, it shall be tried forthwith in said court. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent action, or so much of it as is referable to arbitration.

 (b)   Application to stay arbitration. Subject to the provisions of subdivision (c), a party who has not participated in the arbitration and who has not made or been served with an application to compel arbitration, may apply to stay arbitration on the ground that a valid agreement was not made or has not been complied with or that the claim sought to be arbitrated is barred by limitation under subdivision (b) of section 7502.

 (c)    Notice of intention to arbitrate. A party may serve upon another party a demand for arbitration or a notice of intention to arbitrate, specifying the agreement pursuant to which arbitration is sought and the name and address of the party serving the notice, or of an officer or agent thereof if such party is an association or corporation, and stating that unless the party served applies to stay the arbitration within twenty days after such service he shall thereafter be precluded from objecting that a valid agreement was not made or has not been complied with and from asserting in court the bar of a limitation of time. Such notice or demand shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. An application to stay arbitration must be made by the party served within twenty days after service upon him of the notice or demand, or he shall be so precluded. Notice of such application shall be served in the same manner as a summons or by registered or certified mail, return receipt requested. Service of the application may be made upon the adverse party, or upon his attorney if the attorney's name appears on the demand for arbitration or the notice of intention to arbitrate. Service of the application by mail shall be timely if such application is posted within the prescribed period. Any provision in an arbitration agreement or arbitration rules which waives the right to apply for a stay of arbitration is hereby declared null and void.

 

7511. Vacating or modifying award

b)      Grounds for vacating.
1. The award shall be vacated on the application of a party who either participated in the arbitration or was served with a notice of intention to arbitrate if the court finds that the rights of that party were prejudiced by:

(i) corruption, fraud or misconduct in procuring the award; or

(ii)     partiality of an arbitrator appointed as a neutral, except where the award was by confession; or

(iii)   an arbitrator, or agency or person making the award exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or

(iv)   failure to follow the procedure of this article, unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection


CleaningUp

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Re: So I found this pertaining to NY Arbitration law
« Reply #1 on: November 13, 2010 07:46:46 PM »

Certainly reads like the legislature intended that arbitration is the route if it so states in the contract, and the courts are to enforce the arbitration if it is elected.

AXXEL

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Re: So I found this pertaining to NY Arbitration law
« Reply #2 on: May 13, 2012 04:13:55 AM »
I just found this.  Good stuff.  I am in a similar case in NY, where I am attempting to have a lawsuit dismissed because of arb election before suit was brought forth.

I want to cite this statute and perhaps some FAA statutes regarding enforcement of arbitration.

Is it ideal to cite both or should I just stick with my state laws?

I see this post is a couple years old.  Hoping I may still get a response.

 

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